CONFLICT AMONG THE CIRCUITS: WHO MAY CONDUCT INSPECTIONS UNDER THE CLEAN AIR ACT?

Federal circuit courts disagree over who may conduct inspections of industrial plants under the Clean Air Act. In bunker hill V. Environmental Protection Agency, the 9th circuit has held that EPA can authorize an employee of a private contractor to conduct an inspection for possible emissions violat...

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Bibliographic Details
Published in:Natural resources journal 1983-01, Vol.23 (1), p.175-189
Main Author: SIMMONS, NANCY L.
Format: Article
Language:English
Subjects:
COMMENT
Environmental agencies
Environmental legislation
Federal district courts
Human resources
Inspection stations
Legislatures
Magistrates
Natural resources
United States Senate
Warrants
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Summary:Federal circuit courts disagree over who may conduct inspections of industrial plants under the Clean Air Act. In bunker hill V. Environmental Protection Agency, the 9th circuit has held that EPA can authorize an employee of a private contractor to conduct an inspection for possible emissions violations. The question then arises over who will control EPA inspections: the plant being inspected, EPA, or the private contractor. At the heart of all subsequent litigation lies the question of congressional intent, or the meaning behind the Clean Air Act.
ISSN:0028-0739
2640-2149